Friday, December 7, 2012

FEDERAL JUDGE DISMISSES ANTI-GOLF LAWSUIT AT SHARP PARK


235 Montgomery St., #400, San Francisco, CA. 94104  *  415-290-5718  *   info@sfpublicgolf.com


December 7, 2012
  
SAN FRANCISCO.       Judge Susan Illston has dismissed a federal court lawsuit aimed at closing the historic, San Francisco-owned Sharp Park Golf Course.

        Brought by a covey of conservation groups led by the Tucson-based Center for Biological Diversity (CBD) and the Sierra Club, the lawsuit alleged that public golf operations at Sharp Park are killing rare frogs and snakes, in violation of the federal Endangered Species Act.  Wild Equity Institute, Center for Biological Diversity, et al. vs. City and County of San Francisco, et al., U.S. District Court, N.D. California, No. C11-00958 SI.

        Judge Illston cited an October 2, 2012 Biological Opinion issued by the US Fish and Wildlife Service (“FWS”) that found golf at Sharp Park is “not likely to jeopardize the continued existence of the California red-legged frog or San Francisco garter snake.”  The FWS issued an Incidental Take Statement, approving continued golf and related maintenance activities, subject to FWS restrictions on pesticides, golf carts, water pumping, and other practices. 

        “This is a common sense result,” said Chris Carr, of the Morrison and Foerster office, lawyers for co-defendant San Francisco Public Golf Alliance, which brought the motion to dismiss.  “And it should lead to a period of cooperation in which San Francisco and San Mateo County can work together to restore habitat for the species, while preserving historic and popular public recreation.” 

        Sharp Park was created by master architect Alister MacKenzie, who built many of the world’s greatest golf courses, including Augusta National, home of the annual Masters Tournament, and the Cypress Point Club. 

        Long known as “the poor man’s Pebble Beach,” Sharp Park has been a Pacifica gathering place since its opening in 1932.  It is the historic home of a middle-class and ethnic minority golfing clientele, and in 1955 hosted the inaugural tournament of the Western States Golf Association, one of the country’s oldest and largest African-American golfing societies.  Sharp Park is designated an “historic resource” under the California Environmental Quality Act, and recognized as historic by the Pacifica General Plan, the Pacifica Historical Society, and the Cultural Landscape Foundation of Washington, D.C.

        Sharp Park has been the focus of a four-year political and legal tug-of-war between advocates of public recreation and historical preservation on the one side, and the environmental groups led by CBD on the other.  In December, 2011, the San Francisco Board of Supervisors passed an ordinance calling for closure and conversion of the golf course into a frog and snake sanctuary.  But the ordinance was vetoed by San Francisco Mayor Ed Lee, who in his veto message called for San Francisco and San Mateo County to work together for a “balanced approach” to save public recreation at the golf course, while recovering habitat for the species.

        “With this important step behind us,” said former Pacifica Mayor Julie Lancelle, “the dream of restoring the public treasure that is Sharp Park can move forward.”  Golf course preservation, combined with habitat recovery, is supported by San Francisco Mayor Lee, the San Francisco Recreation and Park Commission, unanimous resolutions of the Pacifica City Council and San Mateo County Board of Supervisors, and by Congresswoman Jackie Speier.
 

Contact:
Richard Harris:  Richard@erskinetulley.com; 415-290-5718
Bo Links:    bo@slotelaw.com; 415-393-8099

Submitted by Richard Harris

5 comments:

Butch Larroche said...

Sharp Park may now be closed if it wasn't for the efforts of Richard Harris, Bo Links, The Law Firm of Morrison and Forester, The SF Public Golf Alliance and the many many volunteers from the Sharp Park Golf Club, Sharp Park Business Ladies Group and elsewhere who have given countless hours in helping to Save Sharp Park!!!

We thank all involved in their efforts!!!!

Butch Larroche
President
Sharp Park Golf Club

Anonymous said...

This was a loss for the golfers because they can't or won't conform to the judge's orders. Be careful for what you wish for, now comes the hard part.

nyuk nyuk said...

Stay alert!
The fight has taken on a new tactic and face led by Bob Batallio.
He is pushing to ban rock armoring of all coastline in Pacifica.
As long as it doesn't affect his Vallemar McMansion, he and his buddies have decreed for everyone else that homes, streets, utilities, businesses and Sharp Park Golf Course are all expendable under the guise of "Managed Retreat".

Anonymous said...

the frog qaeda will never give up.

Anonymous said...

Brent Plater ducks a media call from SF Chron! First time in history!
Judge says golf can stay at Sharp Park
Snakes, frogs and fairways can coexist at Sharp Park Golf Course in Pacifica, a federal judge ruled this week.....
Plaintiffs' attorneys were not immediately available for comment


http://www.sfgate.com/bayarea/article/Judge-says-golf-can-stay-at-Sharp-Park-4101144.php